Networked Services Project
Request for Tender for NLA Networked
Services
Chapter 2 - Conditions of Tendering
2.1 Conditions of Lodgement
2.2 Content of Tenders
2.3 Conditions of Contract
2.4 Evaluation and Negotiation
2.1 Conditions of Lodgement
2.1.1 Structure of the Request for Tender (RFT)
This RFT incorporates a specification for the required products and services and describes conditions the Library would expect to apply for provision of those products and services under a Contract between the Library and the Tenderer.
Tenderers must respond to each Section of the RFT that indicates a condition of tendering, a condition of Contract or a capability required by the Library. The response should follow the sequence of this RFT and should include references to other parts of the response and to supporting material.
2.1.2 Compliance with Conditions
Tenderers should note that the degree of compliance with the specified conditions will be an important consideration in the process of evaluating tenders.
2.1.3 Disclaimer
The Library is not committed contractually in any way to those organisations which respond to this Request for Tender. The issue of this Request for Tender does not commit or otherwise oblige the Library to proceed with the project or any part of the project as set out in this RFT.
2.1.4 Place for Lodgement of Tenders
The official place for lodgement of tenders is the
Tender Box
Lower Ground Floor 2 Security Room
National Library of Australia
CANBERRA ACT 2600
Tenderers must ensure that tenders are marked:
Tender No. RFT 96/63 for the National Library of Australia
and are delivered to the nominated tender box reception. Tenders
submitted by mail must reach the following address by the closing time stated
below:
The DirectorGeneral
National Library of Australia
CANBERRA ACT 2600Attention : Mr Andrew Wells
2.1.5 Deadline for Lodgement of Tenders
The deadline set for lodgement of tenders is 2.00 PM (local time in Canberra) at the Tender Box precisely as determined by Telstra's recorded time service on
Monday 19 May 1997.
2.1.6 Extension of Deadline
The deadline set for lodgement of tenders is extended only by written notice from the Library. Any extension notice will be given the same distribution as the original RFT.
2.1.7 Language of Tenders
Tenders and all supporting material must be written in the English language.
2.1.8 Information Required for Consideration as a Formal Tender
Tenderers must ensure that the tender contains the following information:
a) Request for tender number and closing date
b) Date of the tender submitted
c) Name and address of Tenderer's principal office
d) Name and address of any associated Australian agent
e) Electronic mail address for Email communication via the Internet
f) Australian Company Number for Australian based organisations.
and that it specifically responds to every condition (also see Sections 2.2.1 and 2.2.3).
Tenderers should note that the Library will use Internet electronic mail as the primary mode of contact with Tenderers throughout the RFT process and the provision of an Email address contact point is essential.
2.1.8.1 Packaging and Identification of Tenders
Tender documents must be enclosed in a sealed envelope or other sealed container endorsed with the relevant request for tender number and the deadline set for lodgement of tenders.
2.1.8.2 Delivery Method
Tenders must be delivered by hand or sent through the mails service as a postal article. Oral tenders and tenders submitted by telegram, telex and facsimile will not be admitted.
2.1.8.3 Confirmation of Tender Delivery
Tenderers should ensure that they have access to adequate documentation that can be used to trace the delivery of their tender by requiring postal authorities and courier service organisations to provide receipts for the articles handled. Facilities are available for receipts to be issued during lodgment at the Tender Box. Normal business hours are 8.30 AM to 5.00 PM.
2.1.8.4 Alterations and Amendments
The Library reserves the right to seek clarification of Tender documents. The Library must exclude a Tender from consideration if, in the Library's sole opinion, the extent of the clarification process may give rise to an allegation of impropriety. Alterations will be made to tender documents only if it can be shown, to the satisfaction of the Library, that a clerical/keyboard error has been made.
2.1.8.5 Supporting Material
Supporting material is material additional to the formal offer which elaborates or clarifies the formal offer but does not alter it in any material respect. Supporting material may be provided at any time at the request of the Library. However, unsolicited supporting material should be dispatched on or before the day set for lodgement of formal offers. The Library reserves the right to leave out of account any unsolicited supporting material dispatched after this date. Packages containing such information are to be clearly labelled:
Supplementary Information - RFT No. 96/63
The intention to submit information in this manner must be clearly stated in the formal tender document. Material presented as supporting material which effectively alters the formal offer will not be admitted to evaluation unless it is received before the deadline for lodgement of offers.
2.1.9 Late Tender Policy
2.1.9.1 Definition of a Late Tender
Any tender which is lodged after the Deadline for Lodgement of Tenders specified in Section 2.1.5 of this RFT is late.
2.1.9.2 Handling of Late Tenders
Late tenders will be registered and opened separately.
Late tenders will be considered at the absolute discretion of the Library.
If a tender is late, the Tenderer may be asked to provide explanatory evidence including whether there has been any mishandling by the Library or postal services.
2.1.10 Acceptance
The lowest priced tender received will not necessarily result in that tender being selected for acceptance after evaluation. The Library reserves the right to not proceed to acceptance and contract for any or all of the requirements set out in this RFT. No tender will be deemed to have been accepted unless and until the fact of such acceptance has been notified to the Tenderer in writing for and on behalf of the Library. Such notification will be subject to the execution of a formal contract between the Library and the supplier in terms acceptable to the Library.
2.1.11 Copies of Tenders
Five (5) printed copies of the tender, numbered Copy 1 to Copy 5, and at least one (1) printed copy of tender supporting material must be submitted so that they will be received at the address specified in Section 2.1.4 of this RFT by the stipulated closing date and time. In addition, one (1) copy of the tender must be forwarded on computer diskette in a format that can be read by the Microsoft Office suite of products (MS Windows version), particularly Microsoft Word version 6 and Microsoft Excel version 5.
2.1.12 Full and Part Tenders may be Submitted
Chapter 3 of this RFT specifies a number of Configurations which will be used for evaluation purposes and from which the Library wishes to select a range of compatible products and services to satisfy the capabilities set out in other parts of this RFT. Tenderers may offer products and/or services to satisfy any one or more Configuration. Tenderers should note that some Configurations may only be valid as an adjunct to another major Configuration. Tenderers may also offer to act as an integrator for all or part of the capability or to provide part or all of the capability on a service only basis.
The Library reserves the right to accept separate tenders for any part of the capabilities sought and/or for any item or part thereof which, when integrated with any other part or item, will provide, in the Library's sole opinion, the best overall value for money solution to the capabilities sought in this RFT.
If consortium arrangements are proposed, Tenderers must provide information about the type of consortium, the relationships between consortium members and the division of responsibilities.
2.1.13 Joint Tenders
Joint Tenders submitted by more than one organisation, or by one organisation on behalf of one or more other organisations, will be considered. Such Tenders should be accompanied by documentation from all the organisations which are party to the joint offer, indicating the nature of the joint relationship for the purposes of the Tender. The Library requires joint Tenderers to accept joint and several liability in any Contract which may result from their offer.
The Library would prefer all organisations which are party to a joint offer to indicate their willingness to negotiate independently with the Library should the Library wish to "unbundle" the joint offer in order to achieve the most beneficial and cost effective solution to the capabilities sought.
2.1.14 Amendment of RFT
The Library reserves to itself absolutely the right to vary or amend the terms and conditions of this RFT upon giving Tenderers timely and concurrent notice of such variation or amendment.
The Library reserves the right, at its sole discretion, not to:
a) Proceed with the tender process
b) Enter into a Contract with any Tenderer.
2.1.15 Responsibility for Tendering Costs
In lodging a Tender, each Tenderer agrees that all costs and expenses incurred by or on behalf of it or any joint Tenderer in respect of or in relation to this Tender, including preparing and lodging the Tender, are wholly the responsibility of the Tenderer. The Library accepts no liability whatsoever for costs and expenses incurred by or on behalf of the Tenderer including costs that may arise out of or result from any variation or amendment of the terms and conditions of the RFT or termination of the Tender process.
2.1.16 Ownership of Documents
In consideration of the Library undertaking to give fair consideration to and take into account the tender with all other Tenders received, but for no other consideration, all tender documents submitted in respect of this RFT will become the property of the Library.
The Library, at its sole discretion, may return Tender documents to the Tenderer. In such a case, property in the Tender documents repasses to the Tenderer upon delivery of the Tender documents to the Tenderer.
Despite the above, intellectual property owned by the Tenderer or third parties and contained in the tender documents (including any electronic copy) will not pass to the Library with the property in the Tender itself. However, the Tenderer hereby licences the Library to use, copy, adapt, modify or reproduce the intellectual property in the Tender documents to the extent necessary to conduct an efficient Tender process and to deal with any issues that may arise from or relate to the Tender process.
2.1.17 Confidentiality
Tenderers may use the RFT for the purpose of preparing a Tender for the RFT only and must not disclose the RFT to any person or organisation except for this purpose.
2.1.18 Tender Acknowledgment
Tenders are made on the basis that Tenderers acknowledge that:
a) They do not rely on any representation, letter, document or arrangement, whether oral or in writing, or other conduct as adding to or amending this RFT
b) They do not rely upon any warranty or representation made by or on behalf of the Library, except such as are expressly provided for in this RFT
c) They have relied entirely upon their own enquiries and inspection in respect of the subject of their Tender.
2.1.19 Delivery
Tenders must be packaged and secured in such a manner that carriers will give a clear receipt for those packages to the sender. In cases where this is not done the responsibility for shortages will rest with the Tenderer. The Library will provide receipts for packages lodged in the Tender Box and will record the arrival of mail articles delivered to the Tender Box.
2.1.20 Tenderer to be Informed
Tenderers will be deemed to have:
a) Examined the tender documents and any other information made available in writing by the Library to Tenderers for the purpose of tendering
b) Examined all information relevant to the risks, contingencies, and other circumstances having an effect on their tender and which is obtainable by the making of reasonable enquiries
c) Satisfied themselves as to the correctness and sufficiency of their tenders and that their tendered prices cover the cost of complying with all the conditions of tender and of all matters and things necessary for the due and proper performance and completion of the work described in the tender documents.
Should a Tenderer find any discrepancy, error or omission in the tender documents the Tenderer must notify the Library in writing thereof on or before the date and time of closing of tenders.
2.1.21 Tender Validity Period
It is a condition of tender that the tendered offer remains valid for acceptance for a period of at least six (6) months from close of tenders. Tenderers must state any longer period for which their offer remains valid.
2.1.22 Preference to Australian and New Zealand Goods and Services
The Government has directed all Commonwealth agencies:
a) To give fullest consideration to Australian and New Zealand goods and services where they represent value for money
b) Not to draw up purchasing requirements that exclude Australian or New Zealand goods and services that are suitable, or reasonably adaptable, to Commonwealth needs
c) Not to evaluate offers in a manner that is biased against Australian or New Zealand suppliers.
Suppliers who consider these directions are not being followed in relation to this RFT are asked to contact the Library.
2.1.23 Freedom of Information (FOI)
Tenderers should note the Freedom of Information Act 1982 which came into operation on 1 December 1982 gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends as far as possible the right of the Australian community to access to information (generally documents) in the possession of the Commonwealth Government limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by Departments and Public Authorities.
2.1.24 Affirmative Action
It is an Australian Government policy requirement that the Commonwealth and Commonwealth authorities do not acquire goods or services from a supplier who does not comply with the Affirmative Action (Equal Employment Opportunity for Women) Act 1986. The Library is bound to adhere to this policy.
A tender from a Tenderer who, at the tender closing time, is named under the Act as having failed to comply with the Act, will not be considered unless within fourteen (14) days after the tender closing time, the Tenderer produces written confirmation to the Library from the Affirmative Action Agency that it currently complies with the Act.
A tender from a Tenderer who, after the tender closing time, is so named, is not considered or not further considered as the case requires.
2.1.25 Employment Opportunities - Aboriginals & Torres Strait Islanders
Australian Government policy is to maximise employment and training opportunities for Aboriginal and Torres Strait Islander people. You are requested to indicate in your tender how you would respond to this policy.
2.1.26 Ozone Depleting Substances and Hazardous Substances
The Library wishes to be informed about ozone depleting substances contained in or used in the production of tendered products and about any hazardous substances contained within the products.
The Tenderer must declare and provide full details of:
a) Any tendered product that contains any ozone depleting substance
b) Any ozone depleting substance used in the production of any tendered product.
The Tenderer must state whether or not any hazardous substance is contained in the tendered products and must set out in full, details of each hazardous substance concerned.
2.1.27 Subcontractors
Tenderers must provide details of any subcontractors who will be utilised in the performance of the requirement in terms of value and/or technical significance. These details are to include, but not necessarily limited to:
a) Contractor names
b) Services to be contracted and the terms of the contracts
c) Details of Contractor's performance record.
The successful Tenderer must ensure the suitability of any subcontractor for the specific work envisaged and that all work performed by subcontractors meets the requirement of the Contract. The successful Tenderer must seek to include in all subcontracts all relevant conditions of the Contract between the Library and the successful Tenderer including, where applicable, access by the Library to site, equipment, software, documentation, data, cost records, etc of the subcontractor. The successful Tenderer will be liable to the Library for the acts and omissions of any subcontractors as if those were the acts and omissions of the successful Tenderer.
Tenderers will be evaluated on their ability to manage any proposed subcontractor relationships, including taking full responsibility for the subcontractor's obligations and managing issues like change and configuration management, performance reporting and communication.
2.1.28 Conflict of Interest
The Tenderer must state any circumstances or relationships which constitute a conflict or potential conflict of interest in respect of this Tender or the Tenderer's obligations under any Contract if the Tenderer is awarded the Contract as a result of this RFT.
2.1.29 Security
The Library reserves the right to perform security checks in relation to the Tenderer, its partners, associates or related entities including consortia members or joint ventures. The Tenderer agrees to provide all reasonable assistance in this regard.
2.1.30 Disclosure of Information
The Library may publish summary details of Contracts and may publish other details in the public interest.
2.2 Content of Tenders
2.2.1 Minimum Information for a Formal Tender
Tenderers must note that those tenders that are insufficient to reasonably allow evaluation of the tendered offer may be reviewed by the Library to determine whether the tender should be excluded from further consideration. Tenderers should note that a response consisting of only the Tenderer's standard conditions of contract may be treated as an inadequate response.
Tenders must specifically respond to every general condition contained in this RFT, and to every statement of capabilities sought and question which applies to any Configuration being offered. Responses are to be in the order and must be numbered as they appear in the RFT. Responses must be clear and concise and where supporting documentation is cited as part of the response the page and paragraph number in that material must be stated.
The Library will not accept any responsibility for any misunderstanding arising from the failure by a Tenderer to comply with the preceding clause. In this regard, indefinite responses such as "noted" will not be accepted as compliance.
Tenders should respond to conditions, statements of capability and questions with the following words:
Understood and agreed means full agreement
Complies means full compliance
Significantly exceeds requirement means the offer exceeds capability sought - full details, including the price effect, of the variation from the specific capability are to be stated
Partial compliance where a full explanation is given of the level of compliance
Does not comply where no level of compliance or agreement is offered
Alternative offered where the functional capability can be satisfied in another way and full details are provided.
As a separate attachment, numbered for reference purposes, the Tenderer must provide a list of every point in the RFT to which full compliance has not been offered.
Where there is no response to a condition or capability sought of the RFT, the Tenderer will be deemed not to comply with the stated condition or capability for evaluation purposes.
2.2.2 Contact for Further Information
All inquiries by prospective Tenderers for further information or queries regarding the RFT must be received by the Library no later than:
Monday 7 April 1997
Enquiries should be sent by Email to:
nsp@nla.gov.au
For all other matters the contact officer for this RFT is:
Mr Andrew Wells
National Library of Australia
CANBERRA ACT 2600
Australia
Telephone: +61 6 262 1145
Email: awells@nla.gov.au
The Library reserves the right to provide answers to all enquiries to all Tenderers.
Should additional information to that contained in a tender be required by the Library, it may be requested in written form, at interviews with Tenderer or by technical presentation. Tenderers will be required to submit the names and contact details of at least two (2) significant reference sites where their products and or services are operating in a production environment.
Each Tenderer must nominate a person for the purpose of answering queries which may arise during examination of tenders. The name, position, address, telephone number, facsimile number and Email address of that person should be included in the tender. The Library expects to make extensive use of Email to contact Tenderers.
2.2.3 Instructions for Content of Tender
The tender response should follow the same sequence as this RFT document. All tenders must include:
a) An Executive Summary of the tender response
b) Company profile of the Tenderer
c) Response to Chapter 1
d) Response to Chapter 2 of the RFT indicating the level of compliance with conditions of tendering and conditions of Contract
e) Response to each Configuration of Chapter 3 for which products and services are tendered including:
i. detailed Unit Price information for all tendered products and services as Schedules 1 and 2
ii. detailed pricing information for each Configuration Tendered as Configuration Cost Schedules 1 to 7
iii. detailed diagrams for each Configuration tendered
f) Response to Chapter 4 including:
i. detailed information about each Configuration tendered which indicates technical capabilities
ii. for each tendered Configuration, answers to all Questions relating to the Configuration
g) Response to Chapter 5 and all Questions
h) Response to Chapter 6
i) A completed 'Compliance Matrix' as specified in Appendix F.
2.2.4 Reference Sites
The Library requires that each Tenderer provide details of significant reference sites that can be contacted by the Library. Reference sites nominated should be sites at which the Tenderer has provided expertise within the last three (3) years. Details should include the name of a person at each site who can be contacted directly by the Library during the evaluation of tenders, information about the activities undertaken at the sites by the Tenderer and the resources committed by the Tenderer. The Library reserves the right to contact any site which, at its sole discretion, it believes could provide information that will assist the assessment of tenders received.
2.2.5 Pricing
All pricing information submitted in the tender must be in Australian currency (AU$).
The rate of exchange used to calculate the tender prices should be that ruling fourteenth (14th) day prior to the closing date for lodgement of tenders. Tenderers must state the exchange rate used to calculate tendered prices.
Prices for items which are to be imported are to be quoted both duty free and duty paid. The Library is exempt from Commonwealth Sales Tax where equipment is acquired for the official use of the Library and is not for resale.
The tender must include completed Unit Price Schedules 1 and 2 covering all computer equipment and software tendered. For each Configuration tendered a set of Configuration Cost Schedules 1 to 7 must also be included in the tender response. Tendered prices are required for all individual products and services and must include all charges necessary and incidental to the proper delivery of the product or service.
Where an outsourced service is offered, the Library would prefer that the pricing be based on Service Units. Service Units should be clearly defined by the Tenderer in the response to the RFT.
The Library has a clear preference for fixed prices. The Tenderer must stipulate whether the tendered prices are firm over the whole of the Contract or are to be subject to rise/fall conditions, which must be described. It is generally assumed that prices will be fixed for the period of the Contract.
Tenderers should also indicate their preferred payment plan which must be based on payment in arrears on the basis of performance to Contract standards. Tenderers should also provide separate pricing information for any options offered as part of the solution.
2.2.6 Warranty
Equipment, software, installation and all services must be warranted against all defects arising from faulty workmanship, materials and accuracy for a specified period following final inspection and acceptance testing. The warranty period expected for all products and services, including all computer equipment and software, is twelve (12) months. The Tenderer must indicate the period of the warranty for each item tendered in the Unit Price Schedules 1 and 2 and in the Configuration Cost Schedules 1 to 7 in Chapter 3 of the tender and must indicate the price effect of warranty options.
If any defects so arise, the Contractor must, at the option of the Library:
a) At the contractor's expense repair, replace or make good the products or services delivered to the Library
b) Pay the Library an amount equal to the cost to the Library of repairing, replacing or making good the defective products or services.
In all cases the Contractor must bear or pay all transport costs incidental to the repair, replacement or making good.
2.3 Conditions of Contract
2.3.1 Basis of Contract
Since the Library is seeking innovative solutions with Tenderers having freedom to choose between the provision of all or part of the requirement on an outsourced service basis, on a systems integration basis, or on the basis of the provision of products and services, it is not considered appropriate to include detailed contract terms and conditions in this RFT. However, Tenderers should note that any Contract(s) negotiated as a result of this RFT will be broadly based on the Government Information Technology Conditions Version 2 1995 (GITC). Tenderers should also note that a performance and/or unconditional financial guarantee in usual GITC terms may be required. GITC Contract terms and conditions are widely used by Australian Government bodies at local, State and Commonwealth levels, and have been developed in consultation with the Australian Information Industry Association.
Copies of the GITC (printed and on disk) can be obtained from:
IT Contracts and Standards Branch
Department of Administrative Services
4th Floor West
111 Alinga Street
CANBERRA ACT 2601
Australia
Phone: +61 6 275 8822
Fax: +61 6 275 4397
A full copy of the GITC, including an additional Facilities Management Module, is available through the Internet at the following site: http://www.gems.gov.au/vgpb/gitc/int.htm
Tenderers should indicate in detail their compliance with the GITC. Where a Tenderer is unable to agree to any of the terms and conditions of the GITC, the Tenderer must, in response to this paragraph of the RFT, specify the conditions that are not agreed. This information will assist with subsequent negotiations with potentially successful Tenderers.
Any Contract executed by the Library will be governed by, and construed in accordance with, the laws of the Australian Capital Territory and all parties must agree that the courts of the Australian Capital Territory will have jurisdiction in respect of all matters relating to, or arising out of, the Contract.
2.3.2 Contract Outline
The following Conditions of Contract are based on the provision of an outsourcing solution - either a full service based solution or a facilities management solution. If a facilities management solution is chosen, the contract may also include provisions for acquisition of the system infrastructure, possibly on a lease basis. Alternatively, the system infrastructure may be acquired by separate contract. If Tenderers propose to supply products only, products and support services only, support services only or systems integration services only, relevant provisions of the GITC (Version 2) will form the basis of any contracts that result from those solutions
The following provides an indication of the obligations the Library would seek if an outsourced service is chosen.
CONDITIONS OF CONTRACT
PART 1 - SCOPE AND CONDUCT OF THE AGREEMENT
1. Scope of Agreement
- broad indication of scope of outsourced service or facilities management services, add provision for acquisition of system if appropriate
- Library does not guarantee increased requirement for services
- contract not exclusive.
2. Interpretation
3. Objectives of Agreement
eg
- to facilitate nationwide access to documents held by libraries and other information providers
- to obtain cost savings during the term of the agreement as a result of advances in technology, economies of sale and other efficiencies arising from the use of the Contractor as a service provider.
4. Conduct of Agreement
- Contractor responsible for establishing facilities necessary for conduct and management of service
- all services required for effective performance implied in scope of agreement
- Library's assistance in performance of Contractor's obligations does not limit Contractor's obligations.
5. Partnering
- contract to be administered on partnering principles.
6. General Standard of Performance
- contractor to warrant it has appropriate skills and will maintain best industry practice.
7. Term of Agreement
- state preferred term of agreement plus options (pricing section of RFT response should show price effect of different terms).
PART 2 - IMPLEMENTATION ARRANGEMENTS
8. Lease (or purchase) of Equipment
9. Licence of Software
10. Implementation
11. Acceptance
- This part to set out arrangements for implementation of service which may include the acquisition of part or all of the system and the licence of some or all of the software. The RFT should seek the price effect of different options eg. lease/ownership of equipment, Library or Contractor to licence software, Library ownership or nonownership of any developments, including substantial modifications of software.
PART 3 - TESTING AND NETWORKED SERVICES
12. Networked Services
a description of the range of services by reference to a schedule which sets out the detailed service requirements and service standards.
13. Fault Resolution Services
14. Output Services
15. Business Continuity Services
16. Documentation Services
17. Database Services
18. Internet Services
19. Other Services
- 13-19 are a general list of services likely to be associated with the provision of the networked services.
20. Information Technology Developments
- Contractor to keep Library up to date on trends in relevant networked services.
21. Equipment
- equipment to be listed in contract and changes subject to configuration management.
22. Site
- specify Contractor's responsibility for maintenance of Library site, if relevant.
23. Specified Personnel
- specify key personnel to provide services, substitution to be approved by the Library.
PART 4 - ADMINISTRATION
24. Administration
25. Reviews and Audits
26. Reports to Library
PART 5 - SOFTWARE AND DATA
27. Licensed Software
28. New Releases and Updates
29. Escrow of Source Code
30. Intellectual Property and Ownership of Data
- this part will depend on whether Library obtains any software licences and needs to include appropriate restrictions on use of material accessible through the network.
PART 6 - LEVEL OF IT SERVICES
31. Workload and Capacity
32. Flexibility
33. Change Control Procedure and Variations to Services
- this part sets out the load requirements of the services and the Library's flexibility requirements (pricing to reflect this).
PART 7 - PRICE AND PAYMENT OBLIGATIONS
34. Charges
35. Reduction in Service Charges for Non-performance
36. Failure to provide Services
37. Commonwealth Access to Third Parties
PART 8 - PERFORMANCE MONITORING
38. Reports
39. Increased Efficiency
40. Benchmarking
this part to set out the Library's reporting requirements, the Contractor's obligations to seek to improve the efficiency of the services and benchmarking arrangements, if appropriate
PART 9 - SECURITY MATTERS
41. Security
- Contractor to comply with Library security requirements and directions on access procedures and access to Services.
42. Confidentiality and Disclosure of Information
43. Privacy
44. Contractor's Personnel
- obligation to have Contractor's personnel authorised by Library, if appropriate.
PART 10 - GENERAL
45. Money Recoverable by the Customer
46. Unconditional Financial Undertaking
47. Performance Guarantee
48. Government Taxes, Duties and Charges
49. Access to Contractor's Premises and Records
50. Occupational Health and Safety
51. Affirmative Action
52. Subcontractors
53. Negation of Employment and Agency
54. Internal Dispute Resolution
55. External Dispute Resolution
56. Indemnity and Insurance
57. Liability
58. Intellectual Property Rights Issues
59. Costs
60. Exercise of Rights
61. Approvals and Consent
62. Remedies Cumulative
63. Survival and Enforcement of Indemnities
64. Assurances
65. Compliance with Laws
66. Assignment and Novation
67. Waiver and Variation
68. Entire Agreement
69. Force Majeure
70. Applicable Law
71. Severability
72. Archives Act 1983
73. Condition as to Disclosure by Contractor
74. Notices
PART 11 - TERMINATION AND TRANSITION-OUT
75. Termination and Backout
76. Transition Out
77. Termination with Compensation
- this part to describe the Library's preferred termination options and arrangements for moving to a new service provider or restoring the service inhouse.
SCHEDULE 1
Products and services
SCHEDULE 2
Management plan
SCHEDULE 3
Implementation plan (including acceptance testing procedures)
SCHEDULE 4
Price and payment schedule
SCHEDULE 5
Unconditional financial undertaking
SCHEDULE 6
Performance guarantee
SCHEDULE 7
Deed of confidentiality
SCHEDULE 8
Deed for access to personal information
SCHEDULE 9
Escrow agreement
SCHEDULE 10
Relevant insurance policies
2.4 Evaluation and Negotiation
2.4.1 Phase 1
During the first phase of the evaluation process all Tenders will be evaluated against the Selection Criteria set out below. During his initial evaluation it is possible that a Tender may be excluded from further evaluation.
2.4.2 Phase 2
During the second phase of the evaluation, the Library may submit written questions and requests for further information to some or all Tenderers and require written answers to such questions and requests. The Library may also conduct site visits to and/or telephone interviews with libraries using products or services provided by the Tenderers. Electronic mail may be used during this process to obtain responses from Tenderers and reference sites. The Selection Criteria will again be applied to refine the Library's assessment of each Tender and Tenders may be excluded from further evaluation at this stage.
2.4.3 Presentations
Following the second phase of the evaluation process the Library may select two or more Tenders and require the respective Tenderers, at their expense, to visit the Library to make presentations about their tendered products and services and to answer questions to assist the evaluation. Following such presentations a further refinement of the assessment will be made.
2.4.4 Exclusion from Further Evaluation
Strongly negative findings or judgments on the basis of any one of the groups of Specific Selection Criteria may result, at any time during the evaluation process, in exclusion of a tender or tendered Configuration from further consideration. This condition will apply even if no other Tenders contain acceptable offers for the Configuration. Tenderers which have been excluded from further evaluation will be individually notified.
2.4.5 Negotiation
The Library is not committed to pursue any tendered option. Following the initial evaluation of tenders, the Library reserves the right to request selected Tenderers to enter further negotiations with the Library. Such independent discussions will be undertaken at the absolute discretion of the Library.
One or more successful Tenders will be selected by the Library evaluation. However the Library reserves the right at all times to not proceed to Contract execution with any Tenderer. The ranking of any tender will not be disclosed at any time during or after the evaluation process.
One or more Tenderers will be invited to visit the Library at their expense to commence Contract negotiations for specific parts or all of the requirements as set out in this RFT, and on Contract terms. During negotiations the Library may indicate strengths and weaknesses to individual Tenderers and encourage modifications to the Configurations offered. The Library may also, with the permission of the Tenderers, negotiate the integration of partial offers of products and/or services which may result in a better overall solution for the Library. Only Tenderers that have reached this stage of the evaluation may, at the Library's sole discretion, be offered the opportunity to modify their Tender.
Following these negotiations, the Library may request new information from a number of Tenderers after which the evaluations will be further refined to take account of new information and pricing. In particular, the integration of products and services will be reviewed to select the best overall value for money solution for the capabilities sought by the Library.
2.4.6 General Selection Criteria
The selection criteria to be used in the evaluation are set out below. The criteria are provided to assist prospective Tenderers in making balanced assessments of the suitability of their proposals.
The objective of the evaluation is to select products and/or services that satisfy the capabilities sought by the Library in the most cost effective manner. The evaluation will assess the extent to which the tendered offer:
a) Reveals a proper understanding of the matters involved and offers a sound approach to providing an integrated solution for the Library's Networked Services, including working with other suppliers where necessary to achieve a well integrated solution
b) Represents value for money based on the proposed costs to the Library over the life of the system
c) Demonstrates a sound knowledge and proven expertise in the supply of products and/or services required which indicate the Tenderer's ability to support a large and complex national system
d) Provides solutions to the range of functional capabilities sought that will form the basis of the Library's Networked Services, making use of products that have been proven and are currently operating in a production systems environment
e) Indicates that the solution can be successfully implemented and supported
f) Indicates a high degree of certainty that the proposed system will support adequate performance
g) Meets the requirements and complies with the contractual conditions of this Request for Tender
h) Meets relevant Commonwealth of Australia Government and Library policies.
The Library reserves the right to set priorities and weights for the evaluation criteria or to vary those priorities or weights at its absolute discretion.
In the area of sound knowledge and proven expertise, the successful Tenderer will have demonstrated prior capacity to provide the products and services and to carry out all of the tasks required. Evidence of current commitments and prior experience must be submitted with the tender. Tenderers will also demonstrate, where appropriate, prior technical and administrative capacity to supervise specialist contractors.
Tenderers not able to demonstrate fully their proven capacity to carry out all of the above functions will be considered non-conforming tenders and will be rejected.
Tenders having alterations or erasures therein and tenders in which prices are not legibly stated are liable to be excluded from further evaluation.
2.4.7 Specific Selection Criteria
The following criteria will be employed in the evaluation of Tenders for each proposed Configuration.
2.4.7.1 Business Needs of the Library
Overall suitability of the Tenderer and proposed Configuration to satisfy the present and future needs of the Library taking into account but not limited to:
a) Overall suitability to Australian national interests
b) Overall suitability to the Library's interests
c) Overall suitability to the interests of the Library's existing Customer Libraries and End Users
d) Overall suitability to the Library's prospective Customer Libraries and End Users.
Relationship to other Configurations, taking into account but not limited to:
a) Z39.50-based compatibility
b) Possibilities for integration with other Configurations from same Tenderer
c) Possibilities for interfaces and/or integration with other Tenderers' Configurations.
Suitability and responsiveness of tender to the Library's business directions and business case.
2.4.7.2 Project Cost and Risk Assessment
Assessed risk of the proposed solution including technical, financial and managerial risks.
Tenderer's plan, management capability and ability to fulfil the tender requirements.
Ease of implementation of the proposed Configuration by the Library.
Quoted prices of the tendered products and services.
Costs to the Library implied by the tender.
Ability of the Tenderer to deliver software to meet the capabilities sought by the Library without substantial development.
Ability of the Tenderer to customise tendered software to meet special capabilities sought by the Library.
2.4.7.3 Tenderer's Viability and Industry Experience
Performance in other locations of Tenderer and of systems and services, including site specific customisation, similar to those proposed for the Configuration.
Tenderer's overall experience in the Library automation industry and with national libraries.
Tenderer's financial stability.
Tenderer's company organisation and staff.
Assessed skills of the Tenderer's specific personnel offered for the provision of services.
Tenderer's record of implementation and support of large complex systems as indicated by major site references. Reference sites nominated should be sites at which the Tenderer has provided expertise within the last three (3) years. Details should include information about the activities undertaken by the Tenderer at the sites and the resources committed by the Tenderer.
2.4.7.4 Satisfaction of Capabilities Sought
Level of compliance with stated capabilities sought.
Applications functions and capabilities of proposed Configurations.
Significance of deviations by the tender from the capabilities described in Chapters 3 to 4 of the RFT.
Planned strategic directions of the products and services tendered with respect to the capabilities sought by the Library.
2.4.7.5 Implementation and Support
Tenderer's maintenance and support services including:
a) Any necessary interfacing and/or integration software
b) Ability to work with other suppliers to integrate products and services offered
c) Data migration
d) Applications software products
e) Computer system hardware
f) Computer system software.
Tenderer's proposed training for the Library staff and the availability of training services for Customer Libraries.
2.4.7.6 System Performance
Suitability of the technical environment, performance characteristics, capacity, and growth path of proposed system hardware and system software platforms, including where applicable the results of benchmark tests and methods and procedures for performing benchmark tests, warranties of system response time performance and capacities for data storage, transaction volumes, and support of concurrent End Users.
2.4.7.7 Tender and Contract Terms and Conditions
Conformance to Conditions of Tender in Chapter 2 of this RFT and any subsequent Contract terms and conditions.
2.4.7.8 Policy
Conformance with Commonwealth of Australia Government and Library policies.
Return to Start or Continue to Chapter 3
Last updated 1 April 1997
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